Smith v. City of Omaha et al

Filing 142

ORDER that the court hereby grants plaintiff's request (Filing No. 97 in 8:12CV330 and Filing No. 100 in 8:12CV331) to take the depositions of Reginald P. Gunter, Officer Jerald Swanson, Officer Aaren Anderson, Officer Alex Hayes, Officer Benj amin Edwards, and the City's expert within 21 days of the date of this order. Further, the magistrate judge shall re-progress this case as he sees fit. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT Ordered by Judge Joseph F. Bataillon. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIFFANY SMITH,
Plaintiff,

8:12CV330

vs.
ORDER
CITY OF OMAHA, et al.,
Defendants.

TIFFANY SMITH, as parent and natural
guardian of DEANTE SMITH,
8:12CV331
Plaintiff,
vs.

ORDER

CITY OF OMAHA, et al.,
Defendants.

This matter is before the court on the motion for partial summary judgment, Filing
No. 84 in 8:12CV330 and Filing No. 86 in 8:12CV331, filed by defendants City of
Omaha, Omaha Police Department, Alex Hayes, and Benjamin Edwards, Aaren
Andersen, and Jerald Swanson, in their official capacities.

Defendants provided

evidence in support of their motion. Filing No. 85 in 8:12CV330 and Filing No. 87 in
8:12CV331.

In response to this motion, plaintiff requests additional time to take a

crucial deposition to support its claim that the defendants through their agents maintain
a policy, custom, or practice that permits questionable arrest and deprivation of equal
protection laws. Filing No. 97 in 8:12CV330 and Filing No. 100 in 8:12CV331. The
deposition deadline was August 29, 2014. Filing No. 74 in 8:12CV330 and Filing No. 76
in 8:12CV331.

When reviewing the evidence and argument provided by the

defendants, the purported testimony that the plaintiff may establish through the
deposition of Officer Reginald P. Gunter, Officer Jerald Swanson, Officer Aaren
Anderson, Officer Alex Hayes, Officer Benjamin Edwards, and the City’s expert, and the
relative short period since the deposition deadline, this court finds that additional time
must be granted.
Further and with respect to this order, the parties should follow the direction of
the magistrate judge for dates pertaining to pretrial conferencing and the trial date.
THEREFORE, IT IS ORDERED that the court hereby grants plaintiff’s request
(Filing No. 97 in 8:12CV330 and Filing No. 100 in 8:12CV331) to take the depositions of
Reginald P. Gunter, Officer Jerald Swanson, Officer Aaren Anderson, Officer Alex
Hayes, Officer Benjamin Edwards, and the City’s expert within twenty-one (21) days of
the date of this order. Further, the magistrate judge shall re-progress this case as he
sees fit.
DATED: September 29, 2014
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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